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PART 3Enforcement

Powers of immigration officers etc

56Detention etc. by immigration officers in Scotland

(1)The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

(2)In section 24A (extension of period of detention under section 24) for subsection (7) substitute—

(7)In this section and section 24B, “custody review officer” means—

(a)an officer who—

(i)is of a rank at least equivalent to that of police inspector, and

(ii)has not been involved in the investigation in connection with which the person is detained, or

(b)in relation to the detention of a person under section 24 by an immigration officer, a constable—

(i)of the rank of inspector or above, and

(ii)who has not been involved in the investigation in connection with which the person is detained.

(3)In section 26A(2) (power of arrest of authorised immigration officers) omit “or immigration enforcement offence”.

(4)Section 26B(1) (interpretation of Part 3) is amended as follows.

(5)In the definition of “immigration offence”—

(a)after “means” insert “— (a)”, and

(b)at the end of paragraph (a) insert , or

(b)(insofar as it is not an offence within paragraph (a)) an offence under the Immigration Acts or in relation to which a power of arrest is conferred on an immigration officer by the Immigration Acts;.

(6)Omit the definition of “immigration enforcement offence”.